Terms of Service

Last updated: October 5, 2026

These Terms of Service ("Terms") are an agreement between you and Fulcrum Global Tech LLC ("Dev404", "we", "us") and govern your use of the Dev404 website, dashboard, editor integration, agents, hosting and related services (the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Who can use Dev404

• You must be at least 13 years old. Dev404 is not directed to children under 13, and we do not knowingly let them create accounts.
• If you are under 18 (or the age of majority where you live), you may use the Service only with the permission of a parent or legal guardian who agrees to these Terms on your behalf.
• If you use the Service for a company or other organization, you confirm that you are authorized to accept these Terms for it, and "you" includes that organization.
• You may not use the Service if you are barred from doing so under the laws that apply to you.

2. Your account

Give accurate information when you sign up, keep your password confidential, and tell us promptly if you believe your account has been compromised. You are responsible for everything done through your account, including by anyone you share access with.

3. What the Service does

Dev404 runs AI coding agents on your instructions. Depending on how you use it, the Service can read and change files in repositories you connect, run commands in a cloud workspace, create branches and commits, push to your GitHub or GitLab account, build and deploy applications, and publish them at a web address. The Service acts with the access you grant it.

4. AI output and your responsibility for your code

The Service is powered by third-party AI models. AI output can be wrong, incomplete, insecure, or unsuitable for your purpose, and it can change or delete code in ways you did not intend.

• You are responsible for reviewing, testing and approving everything the Service produces before you rely on it, merge it, or deploy it.
• You are responsible for keeping your own backups of your repositories, data and configuration, and for the permissions you grant to the Service.
• Dev404 is not a substitute for professional engineering, security, legal or other advice.
• We are not liable for any loss of, damage to, or unwanted change in your code, repositories, branches, data, credentials, infrastructure or deployed applications arising from your use of the Service, to the fullest extent the law allows (see sections 14 and 15).

5. Your content

"Your Content" means the code, repositories, prompts, files, configuration, secrets and other material you provide to the Service, and the output the Service generates for you.

• Ownership. As between you and us, you keep all rights you have in Your Content. We do not claim ownership of your code or of the output generated for you. Because AI output may be similar to output produced for others, and its legal protection varies by country, we make no promise that output is unique or protectable.
• Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process and display Your Content only as needed to provide, secure and support the Service for you, including sending it to the AI model providers and infrastructure providers described in the Privacy Policy.
• Your promises. You confirm that you have the rights needed to provide Your Content and to let the Service act on the repositories and accounts you connect, and that Your Content and your use of it do not break the law or anyone else's rights.

6. Acceptable use

You agree not to use the Service to:

• break any law, or infringe or misappropriate anyone's intellectual property, privacy or other rights;
• create, distribute or operate malware, phishing pages, spam, scams, or tools intended to gain unauthorized access to systems or data;
• attack, probe, overload or disrupt the Service or any other system, or bypass usage limits, billing or security controls;
• mine cryptocurrency, run proxies or open relays, or use workspaces for workloads unrelated to building software;
• generate or host content that is sexually exploitative of minors, that incites violence, or that harasses or threatens people;
• collect personal information from children under 13, or from anyone without a lawful basis;
• resell or provide the Service to third parties without our written permission, or share one account among multiple people to avoid fees;
• access repositories, accounts or data you are not authorized to use.

We may investigate suspected violations and may remove content, suspend workspaces or published applications, or suspend or close accounts where we reasonably believe these Terms have been broken or that doing so is needed to protect the Service or others.

7. Applications you publish

• You are solely responsible for the applications you build, deploy or publish through the Service, including their content, their security, the data they collect, and their compliance with the laws that apply to them (for example privacy, consumer and children's-privacy laws). You are the operator of your application; we are only its hosting provider.
• Web addresses we provide (such as subdomains of a Dev404-controlled domain) are licensed to you while your account is in good standing. You do not own them, and we may reclaim or change an address that is unused, abusive, misleading, or infringes someone's rights.
• We do not guarantee that a published application will be available, fast, or free of errors, and we may take one offline to protect the Service or to comply with the law.
• Deleting a project or your account removes its deployed application and releases its address.

8. Third-party services

The Service works with services we do not control, including GitHub and GitLab, AI model providers, cloud infrastructure providers, Stripe, and Slack if you connect it. Your use of those services is governed by their own terms and privacy policies. We are not responsible for their acts, omissions, availability or pricing, or for changes they make that affect the Service.

9. Plans, credits and payment

• Credits. Usage is measured in credits. One credit covers one US dollar of AI model usage at the provider's price at the time of use. Credits are a prepaid right to use the Service; they are not money, have no cash value, and cannot be transferred or redeemed for cash.
• Subscriptions. Paid plans renew automatically each billing period at the then-current price until you cancel. Plan credits are granted when a period's payment succeeds and expire at the end of that period; they do not roll over.
• On-demand credits. Credits you buy separately are used after your plan credits and do not expire while your account remains open.
• Cancelling. You can cancel a subscription at any time in Settings. Cancellation takes effect at the end of the paid period, and you keep your plan credits until then. Deleting your account cancels your subscription immediately and forfeits any unused credits.
• Refunds. Payments are non-refundable, and unused credits are not refunded, except where the law requires otherwise.
• Running out. When your credits run out, the Service stops starting new work and may stop work in progress. A task that is already running can use slightly more than your remaining balance; that amount is deducted from credits you add later.
• Payment processing and taxes. Payments are handled by Stripe. Prices exclude taxes unless stated; you are responsible for any taxes that apply to your purchase.
• Changes. We may change prices, plans, credit allowances, model availability and model pricing. Changes to a subscription price take effect no earlier than your next billing period, and we will give reasonable notice.
• Failed or disputed payments. If a payment fails or is reversed, we may suspend paid features and remove the credits that payment bought.

10. Our intellectual property and your feedback

The Service, including its software, design, documentation and branding, belongs to us and our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service; they do not transfer any ownership. You may not copy, reverse engineer or build a competing service from the Service except where the law expressly allows it. If you send us feedback, you allow us to use it without restriction or payment.

11. Changes, beta features and availability

We may add, change or remove features, models and limits at any time. Features described as beta, preview or upcoming are provided as-is and may change or be withdrawn. We do not promise that the Service will be uninterrupted or that any particular model or integration will remain available.

12. Ending these Terms

• You can stop using the Service and delete your account at any time in Settings. Deletion is permanent.
• We may suspend or terminate your access if you break these Terms, if your use creates risk or legal exposure for us or others, if payment fails, or if we stop offering the Service. Where reasonable we will give notice first.
• On termination your right to use the Service ends and we may delete Your Content as described in the Privacy Policy. Sections that by their nature should survive (including 4, 5, 9, 10, 13, 14, 15, 16 and 17) continue to apply.

13. Copyright complaints

If you believe material hosted on the Service infringes your copyright, send a notice to archonic.labs@gmail.com that identifies the work, the material and its location, your contact details, a statement that you have a good-faith belief the use is not authorized, and a statement, under penalty of perjury, that your notice is accurate and that you are the rights holder or authorized to act for them. We may remove the material and, where appropriate, close the accounts of repeat infringers.

14. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT OUTPUT IS CORRECT, SECURE OR FIT FOR ANY PURPOSE, THAT THE SERVICE WILL NOT DAMAGE OR LOSE YOUR CODE OR DATA, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CODE, REPOSITORIES OR DEPLOYMENTS, OR FOR THE COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS (US$100).

Some places do not allow certain warranty disclaimers or liability limits. In those places, the disclaimers and limits above apply only as far as the law permits, and nothing in these Terms removes rights you have that cannot be waived.

16. Indemnity

To the extent the law allows, you agree to defend and hold us harmless from claims, losses and costs (including reasonable legal fees) brought by third parties that arise from Your Content, the applications you publish, your use of the Service in breach of these Terms, or your violation of the law or of someone else's rights.

17. General

• Governing law and disputes. These Terms are governed by the laws of the State of Arizona, United States, without regard to its conflict-of-law rules, and disputes will be resolved in the state or federal courts located in Maricopa County, Arizona, unless the law where you live gives you the right to bring a claim elsewhere.
• Changes to these Terms. We may update these Terms. If a change is material we will give notice, for example in the dashboard or by email, before it takes effect. Continuing to use the Service after a change takes effect means you accept it.
• Whole agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a term is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets.
• Export and sanctions. You may not use the Service in violation of export-control or sanctions laws.

18. Contact

Fulcrum Global Tech LLC
1471 E Flamingo Way
Gilbert, AZ 85297
USA
Email: archonic.labs@gmail.com